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Committee of Adjustment

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What is the Oshawa Committee of Adjustment?

The Committee of Adjustment (C. of A.) is a committee of five Council appointed citizens to consider minor variances to the City's Zoning By-law. The Committee also considers extensions, enlargements or variations to existing legal non-conforming uses.

The Ontario Planning Act governs the Committee's responsibilities and conduct.

What is a Minor Variance?

A variance is a minor change to the Zoning By-law for a specific property. The C. of A. may approve the variance if it is satisfied that the variance maintains the general intent of the Official Plan and the Zoning By-law, if the proposed development will be appropriate and if the variance is minor.

An example of a minor variance could involve a case where a homeowner wants to build a single detached dwelling 0.9 metres (3 ft) from a side lot line but the Zoning By-law requires a minimum side yard depth of 1.2 metres (4 ft). In order to construct the building 0.9 metres (3 ft) from the side lot line, the owner requires C. of A. approval.

Changes to the Zoning By-law that are beyond the limited scope of the C. of A. must be considered through the Zoning By-law amendment process.

What is a legal non-conforming use?

A legal non-conforming use is one that is not recognized in the Zoning By-law but lawfully existed on the day the Zoning By-law was passed (June 6, 1994). In Ontario, these uses have a right to continue and cannot be "zoned" out of existence.

A legal non-conforming use should cease to exist in the long run and should be replaced by a use that conforms to the Zoning By-law and the Official Plan. Despite this objective, the Planning Act recognizes that legal non-conforming uses should be given some leeway even though they do not comply with the municipality's long-term planning documents. As a result, the Planning Act gives the C. of A. some additional powers regarding the enlargement and expansion and variations to existing legal non-conforming uses.

Staff circulate the application to a number of Departments and Agencies for comment and input.

Step 4 - Notice of Public Hearing

A notice of public hearing is mailed to all property owners within a certain specified distance of the subject property depending on the nature of the application. The applicant is also required to post a notification sign, prepared by the City, on the subject property.

Step 5 - Public Hearing

Public hearing is held by the Committee of Adjustment to consider the application and receive input and comment. The applicant or representative should attend the public hearing to answer any questions that arise.

Step 6 - Decision of Committee

Committee of Adjustment makes a decision on the application and may deny or approve it. A decision to approve an application may include conditions or a requirement that the applicant enter into an agreement with the City.

Step 7 - Appeal Period

The Planning Act requires a 20 day appeal period after the decision is made during which time the decision may be appealed to the Ontario Municipal Board. If no appeal is made, the decision of the Committee of Adjustment is final and binding.

Step 8 - Ontario Municipal Board Hearing

If there is an appeal to the Ontario Municipal Board, the Board will hold a hearing and its decision is final.